Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client," "User," or "You") and Joh. Berenberg, Gossler & Co. KG, a private banking institution registered in Hamburg, Germany ("Company," "We," "Us," or "Our"). By accessing, browsing, or using this website and our services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must discontinue use of our website and services immediately.

2. Company Information

Legal Entity: Joh. Berenberg, Gossler & Co. KG
VAT Number: DE118509931
Registered Address: Überseering 28, 22297 Hamburg, Germany
Contact Email: Finance-sup@berengberg.de.com
Contact Telephone: +49 40 350 60-0

3. Services Description

Joh. Berenberg, Gossler & Co. KG provides institutional financial services, advisory services, asset management, and related financial solutions to corporate decision-makers and institutional clients across Germany and Europe. Our services include but are not limited to wealth management, investment advisory, financial planning, corporate finance advisory, and related financial services as described on our website.

We reserve the right to modify, suspend, or discontinue any service at any time, with or without notice. We shall not be liable for any modification, suspension, or discontinuation of services.

4. Eligibility and Account Access

You represent and warrant that:

• You are at least 18 years of age or the legal age of majority in your jurisdiction.
• You are not a resident of a jurisdiction where access to our services is prohibited by law.
• You have the legal capacity to enter into a binding contract.
• You are not subject to economic sanctions or export controls of Germany, the European Union, or other applicable jurisdictions.
• All information you provide is accurate, truthful, complete, and current.

5. Intellectual Property Rights

All content on our website, including but not limited to text, graphics, logos, images, videos, audio clips, digital downloads, and software, is the exclusive property of Joh. Berenberg, Gossler & Co. KG or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to view and print portions of this website for your personal, non-commercial use only. You may not reproduce, distribute, transmit, display, perform, or republish any content without our prior written permission.

6. User Conduct and Prohibited Activities

You agree not to:

• Use the website or services for any unlawful or prohibited purpose.
• Access, tamper with, or use non-public areas of our systems without authorization.
• Transmit or introduce any viruses, malware, or harmful code.
• Engage in unauthorized access, interference, or disruption of our systems.
• Attempt to access accounts or information of other users without authorization.
• Engage in harassment, abuse, or defamation of any person or entity.
• Provide false, misleading, or fraudulent information.
• Violate any applicable law, regulation, or third-party rights.

7. Data Protection and Privacy

Your use of our website and services is subject to our Privacy Policy, which is incorporated herein by reference. We process personal data in accordance with the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG), and other applicable German and European data protection laws.

By using our services, you consent to the collection, use, processing, and transfer of your personal data as described in our Privacy Policy. We implement appropriate technical and organizational measures to protect your data against unauthorized access, alteration, disclosure, or destruction.

For detailed information regarding how we collect, use, and protect your personal data, please refer to our separate Privacy Policy document.

8. Financial Advice Disclaimer

Information provided on this website or through our services is for informational purposes only and does not constitute financial, investment, tax, or legal advice. We are a regulated financial services provider, and any advice or recommendations provided in the course of our professional services are subject to separate engagement agreements and advice documentation.

Before making any investment or financial decision, you should:

• Consult with a qualified financial advisor.
• Review all relevant documentation and prospectuses.
• Assess your own risk tolerance and financial situation.
• Seek independent professional advice if necessary.

9. Limitation of Liability

To the fullest extent permitted by law, Joh. Berenberg, Gossler & Co. KG and its officers, directors, employees, agents, and partners shall not be liable for:

• Any indirect, incidental, special, consequential, or punitive damages.
• Loss of profits, revenue, data, or business opportunities.
• Interruptions, delays, or errors in service delivery.
• Third-party actions or omissions beyond our control.
• Reliance on content or recommendations provided on the website.

The total liability of the Company for any claim arising from or related to these Terms or your use of our services shall not exceed the amount you have paid to us in the twelve months preceding the claim, or €100, whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless Joh. Berenberg, Gossler & Co. KG and its officers, directors, employees, agents, and partners from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your violation of these Terms.
• Your violation of any applicable law or regulation.
• Your infringement of third-party intellectual property rights.
• Your use of our website or services.
• Information or content you provide or submit.

11. Disclaimer of Warranties

Our website and services are provided on an "as-is" and "as-available" basis. We disclaim all warranties, express and implied, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement.
• Warranties that the website or services are uninterrupted, error-free, secure, or virus-free.
• Warranties regarding the accuracy, completeness, or reliability of any content.

We do not warrant that defects will be corrected, or that our website or services will meet your requirements.

12. Third-Party Links and Content

Our website may contain links to third-party websites. We do not control, endorse, or assume responsibility for the content, accuracy, privacy practices, or performance of third-party websites. Your use of third-party websites is governed by their terms of service and privacy policies, not by these Terms.

We are not responsible for any harm or damages resulting from your access to or use of third-party websites or services.

13. Term and Termination

These Terms commence upon your first use of our website or services and continue in effect unless and until terminated. We may terminate or suspend your access to our services at any time, for any reason, with or without notice and without liability.

Upon termination, your right to use the website and services ceases immediately. Provisions that by their nature should survive termination, including intellectual property rights, limitations of liability, and indemnification obligations, shall survive.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Modifications become effective upon posting to our website. Your continued use of our services after such modifications constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically for changes.

15. Governing Law and Jurisdiction

These Terms and your use of our website and services are governed by and construed in accordance with the laws of the Federal Republic of Germany, without regard to its conflict of law provisions.

You agree to submit to the exclusive jurisdiction of the courts of Hamburg, Germany, for the resolution of any dispute arising from or relating to these Terms or your use of our services.

16. Dispute Resolution

Before initiating any legal proceedings, we encourage you to contact us to attempt to resolve any dispute informally. If informal resolution is unsuccessful, you agree to attempt to resolve the dispute through mediation or arbitration as appropriate under applicable German law.

17. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision shall be severed. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Joh. Berenberg, Gossler & Co. KG regarding your use of our website and services. These Terms supersede all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether written or oral.

19. Regulatory Compliance

Joh. Berenberg, Gossler & Co. KG operates in compliance with applicable German financial regulations, including the Banking Act (Kreditwesengesetz), the Securities Trading Act (Wertpapierhandelsgesetz), the Securities Prospectus Act (Wertpapierprospektgesetz), and the Markets in Financial Instruments Directive (MiFID II).

We are subject to supervision by the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht - BaFin) and the Deutsche Bundesbank.

20. No Waiver

The failure of Joh. Berenberg, Gossler & Co. KG to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision. No waiver is effective unless in writing and signed by an authorized representative of the Company.

21. Assignment

These Terms may not be assigned by you without our prior written consent. Any attempted assignment without consent is void. We may assign our rights and obligations under these Terms at any time without notice to you.

22. Contact Information

If you have questions, concerns, or complaints regarding these Terms or our services, please contact us:

Joh. Berenberg, Gossler & Co. KG
Überseering 28
22297 Hamburg
Germany

Email: Finance-sup@berengberg.de.com
Telephone: +49 40 350 60-0

23. GDPR Data Subject Rights

Under the General Data Protection Regulation (GDPR), you have the following rights regarding your personal data:

• Right of Access: You have the right to obtain confirmation of whether your data is processed and to access your personal data.
• Right to Rectification: You have the right to correct inaccurate or incomplete personal data.
• Right to Erasure: You have the right to request deletion of your personal data under certain circumstances.
• Right to Restrict Processing: You have the right to restrict how we process your personal data.
• Right to Data Portability: You have the right to receive your personal data in a structured, commonly used format and to transmit it to another controller.
• Right to Object: You have the right to object to processing of your personal data for direct marketing or other purposes.
• Right to Withdraw Consent: If we process your data based on consent, you may withdraw that consent at any time.

To exercise any of these rights, please contact us using the contact information provided above. We will respond to your request within 30 days or as otherwise required by law.